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(영문) 서울남부지방법원 2018.09.21 2017가합112165
대여금
Text

1. Defendant B Co., Ltd.: (a) KRW 1,786,034,960 for the Plaintiff and the year from September 13, 2017 to September 21, 2018.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff entered into a contract for construction works with the content that the F Knowledge Industry Center (hereinafter “instant construction works”) in two parcels, including E, would be supplied to the contract amount of KRW 24,478,380,000 (excluding value-added tax) during Ansan-si implemented by Defendant B Co., Ltd. (hereinafter “Defendant B”).

B. Meanwhile, on July 31, 2014, the Plaintiff lent KRW 2,000,000 (hereinafter “the instant first loan”) to Defendant B without having determined the interest and the due date for payment. On December 28, 2015, the Plaintiff, without interest, lent KRW 1,000,000 (hereinafter “the instant second loan”) as of February 18, 2016 without the due date for payment, determined and lent KRW 70,000,000 (hereinafter “the instant third loan”) as of December 29, 2015 without interest.

C. On February 4, 2016, Defendant B paid KRW 2,893,852,721 to the Plaintiff. Of the above money, KRW 1,200,00,000 out of the total amount of the instant second loan and the instant third loan were appropriated for the repayment of KRW 200,000 among the instant third loan (hereinafter the instant first loan, KRW 50,000,000 that remains after being appropriated as above among the instant third loan, and KRW 50,00,000 that remains after being appropriated as above, and the instant fourth loan as seen below were appropriated for the instant construction cost. D.

On May 3, 2016, the Plaintiff loaned KRW 500,000,00 (hereinafter “instant fourth loan”) to Defendant B without interest, as of May 13, 2016.

E. On May 23, 2016, Defendant B sent to the Plaintiff a letter that he/she would repay the instant fourth loan by May 27, 2016. On September 2, 2016, the Plaintiff: (a) formulated a specific repayment plan for the unpaid amount of each of the instant loans, etc. on September 2, 2016; and (b) sent a public letter requesting Defendant B to submit it by September 9, 2016 (hereinafter “instant first public letter”); and (c) again, on January 4, 2017, the repayment plan for the unpaid amount of each of the instant loans, etc. on January 13, 2017.

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